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Union to take cleaners' case to Fed Court

The cleaner's union will launch federal court action against Spotless Group for what it says is a breach of the Fair Work Act.

United Voice, formerly the Liquor, Hospitality and Miscellaneous Workers union, said it would launch landmark legal action on the legitimacy of Australian Workplace Agreement (AWA)-style individual flexible agreements.

The agreements vary the industry award for individual employees but only on the condition workers are better off than under the award.

United Voice national secretary Louise Tarrant said the union will argue workers are worse off and Spotless, a cleaning and services company, is in breach of the act.

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Ms Tarrant said Spotless was misrepresenting the agreements to workers in an attempt to introduce Work Choices-style AWAs through the back door.

"The union will tell Fair Work Australia and the Federal Court that cleaners have reported that they have been unduly pressured into signing the agreements," she said.

"If they refused to sign them they were warned that their hours would be cut or that they would be refused overtime hours which they have enjoyed under the Cleaning Services Award."

Spotless was engaging in bully-boy tactics without consulting workers, many of whom were from non-English speaking backgrounds, the union claims.

"Cleaners ... have been marched in and told to sign the agreements or they will never be given overtime again," Ms Tarrant said.

Spotless has refused to withdraw the agreements despite pressure from the union.

"We therefore have no other option but to take this matter to the courts as we believe they are a clear breach of the Fair Work Act."

A Spotless spokeswoman said the union's allegations were false and United Voice had not raised the issue of individual flexible agreements (IFA) with the company.

"Spotless is surprised by these allegations, having held productive discussions with the national secretary only days ago," the spokeswoman said.

"These issues were not raised."

The company rarely used IFAs and when it did the agreements were completely voluntary and employees had the right to terminate the agreements.

The agreements had not been the subject of any challenge so far and allowed employees to work more hours and earn more for extra shifts, the spokeswoman said.

"The agreements are completely voluntary and an employee has the right to terminate the agreement," she said.

"All Modern Award penalty payments are paid to any employee working extra shifts under an IFA."

There had been no complaints of coercion from any employee or the union, and any such complaint would be treated very seriously and fully investigated by Spotless, if it was.

A federal court directions hearing which relates to a Spotless subsidiary - CE Property Services, acquired last year - would be heard on Friday, the spokeswoman said.